The SC reaffirmed its 1995 ruling that medical practitioners can be held accountable for service deficiencies under the Consumer Protection Act.
Supreme Court Rejects Review Plea on Doctors’ Liability
The Supreme Court of India has upheld its previous ruling that doctors and medical practitioners can be held liable for deficiency in services under the Consumer Protection Act (CPA), 1986. A three-judge bench comprising Justices B.R. Gavai, Prashant Kumar Mishra, and K.V. Viswanathan dismissed a review petition filed by the Medico-Legal Society of India, challenging its May 2023 decision that refused to reconsider the 1995 judgment in the Indian Medical Association vs. V.P. Shantha & Ors case.
“Having perused the review petition and the connected papers with meticulous care, we do not find any justifiable reason to entertain the review petition. The review petition is, accordingly, dismissed,” the SC bench ruled.
Background: The 1995 Landmark Judgment
In 1995, the Supreme Court ruled that the term ‘services’ under the Consumer Protection Act includes consultation, diagnosis, and treatment provided by medical professionals, whether medicinal or surgical. This judgment established that patients could file consumer complaints against doctors for medical negligence.
However, the ruling also clarified that doctors would not be liable under the Act if:
- They provided treatment free of charge to every patient.
- They were working under a contract of personal service.
Contradictory Rulings and the Final Verdict
In May 2023, a two-judge bench of Justices Bela M. Trivedi and Pankaj Mithal ruled that advocates cannot be held liable under the CPA for deficiencies in services. They also suggested that the 1995 ruling on medical professionals should be revisited to determine whether healthcare services should remain under the CPA’s purview.
However, in November 2023, a three-judge bench took a contrary stance, stating that the 1995 judgment does not require reconsideration. The bench ruled:
“The question as to whether other professionals, excluding the legal profession, could be covered by the Consumer Protection Act can be considered in appropriate cases, having a factual foundation.”
Implications for the Medical Community and Patients
With this decision, the Supreme Court has reaffirmed that doctors and hospitals can be held accountable under the CPA for medical negligence and service deficiencies. This ruling:
- Strengthens patient rights, ensuring legal recourse for medical malpractice.
- Holds medical professionals accountable for lapses in healthcare services.
- Maintains the legal distinction between the medical and legal professions regarding liability under the CPA.
Conclusion: SC Maintains Patient Protection Framework
The Supreme Court’s decision reinforces the accountability of the healthcare sector under the Consumer Protection Act. While advocates remain exempt, medical professionals must continue to adhere to strict service standards, ensuring patient protection and fair legal recourse in cases of medical negligence.
For further updates on legal developments in healthcare and consumer rights, stay tuned.
